Notice2022-21796
Certain Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain exporters under review sold certain steel racks and parts thereof (steel racks) from the People's Republic of China (China) in the United States at prices below normal value (NV) during the period of review (POR) September 1, 2020, through August 31, 2021. Additionally, Commerce preliminarily determines that Hebei Minmetals Co., Ltd. (Hebei Minmetals) and Xiamen Luckyroc Industry Co., Ltd., (Luckyroc) had no shipments of subject merchandise during the POR. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 87 Issue 193 (Thursday, October 6, 2022)</title>
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[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60647-60650]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21796]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-088]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain exporters under review sold certain steel racks
and parts thereof (steel racks) from the People's Republic of China
(China) in the United States at prices below normal value (NV) during
the period of review (POR) September 1, 2020, through August 31, 2021.
Additionally, Commerce preliminarily determines that Hebei Minmetals
Co., Ltd. (Hebei Minmetals) and Xiamen Luckyroc Industry Co., Ltd.,
(Luckyroc) had no shipments of subject merchandise during the POR. We
invite interested parties to comment on these preliminary results of
review.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Elizabeth Bremer, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3518 and (202)
482-4987, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2021, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on steel racks from China.\1\ After receiving
review requests, Commerce initiated this review for 31 companies.\2\ On
April 26, 2022, Commerce extended the deadline for these preliminary
results by a total of 120 days, to September 30, 2022.\3\ For
additional background information, see the Preliminary Decision
Memorandum.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 49311 (September 2, 2021); and Certain Steel Racks and
Parts Thereof from the People's Republic of China: Amended Final
Affirmative Antidumping Duty Determination and Antidumping Duty
Order; and Countervailing Duty Order 84 FR 48584 (September 16,
2019) (collectively, Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5, 2021).
\3\ See Memorandum, ``Certain Steel Racks and Parts Thereof from
the People's Republic of China: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated April 26, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Steel Racks and Parts Thereof from the People's Republic of China;
and Preliminary Determination of No Shipments; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is steel racks and parts
thereof, assembled, to any extent, or unassembled, including but not
limited to, vertical components (e.g., uprights, posts, or columns),
horizontal or diagonal components (e.g., arms or beams), braces,
frames, locking devices (e.g., end plates and beam connectors), and
accessories (including, but not limited to, rails, skid channels, skid
rails, drum/coil beds, fork clearance bars, pallet supports, row
spacers, and wall ties).
Merchandise covered by the Order is classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under subheadings
7326.90.8688, 9403.20.0081, 9403.90.8041, and 9403.99.9041.\5\ Subject
merchandise may also be classified under subheadings 7308.90.3000,
7308.90.6000, 7308.90.9590, and 9403.20.0090. The HTSUS subheadings are
provided for convenience and U.S. customs purposes only. The written
description of the scope is dispositive.
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\5\ On February 9, 2022, Commerce received a request from U.S.
Customs and Border Protection (CBP) to update the ACE Case Reference
File (CRF) for certain steel racks and parts thereof from the
People's Republic of China. Specifically, CBP requested that
Commerce add a certain Harmonized Tariff Schedule (HTS) number to
case numbers A570-088 to reflect the 2022 updates to the HTS. On May
4, 2022, Commerce added the HTS number 9403.99.9041 to the CRF for
case A-570-088. See Memorandum, ``Request from Customs and Border
Protection to Update the ACE AD/CVD Case Reference File: Certain
Steel Racks and Parts Thereof from the People's Republic of China
(A-570-088, C-570-089),'' dated May 4, 2022.
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A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On December 2 and 6, 2021, Hebei Minmetals and Luckyroc timely
filed certifications that they did not export or sell subject
merchandise during the POR and that there were no suspended entries of
their subject merchandise into the United States during the POR. Based
on an analysis of information from U.S. Customs and Border Protection
(CBP), and each company's certification, we preliminarily determine
that Hebei Minmetals and Luckyroc did not export or sell subject
merchandise to, nor was their subject merchandise entered into, the
United States during the POR.\6\
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\6\ See Preliminary Decision Memorandum.
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Consistent with Commerce's practice, we are not rescinding this
administrative review with respect to Hebei Minmetals and Luckyroc, but
intend to complete the review of these companies and issue appropriate
liquidation and assessment instructions to CBP based on the final
results of review.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also the
``Assessment Rates'' section, infra.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export prices for the mandatory respondents Nanjing
[[Page 60648]]
Dongsheng Shelf Manufacturing Co., Ltd. (Dongsheng) and Nanjing
Ironstone Storage Equipment Co., Ltd. (Ironstone) in accordance with
section 772 of the Act. Further, because China is a non-market economy
(NME) country within the meaning of section 771(18) of the Act, we
calculated NV in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Separate Rates
In all proceedings involving an NME country, Commerce maintains a
rebuttable presumption that all companies are subject to government
control and, thus, should be assessed a single weighted-average dumping
margin unless the company can affirmatively demonstrate an absence of
government control, both in law (de jure) and in fact (de facto), with
respect to its exports (i.e., can affirmatively demonstrate that it is
eligible for a separate rate).\8\ Commerce has preliminarily determined
that information placed on the record by Dongsheng, Ironstone, and
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.,
demonstrates that these companies are eligible for separate rate
status.\9\
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\8\ See Notice of Final Determination of Sales at Less Than Fair
Value, and Affirmative Critical Circumstances, InPart: Certain Lined
Paper Products from the People's Republic of China, 71 FR 53079,
53082 (September 8, 2006); see also Final Determination of Sales at
Less Than Fair Value and Final Partial Affirmative Determination of
Critical Circumstances: Diamond Sawblades and Parts Thereof from the
People's Republic of China, 71 FR 29303, 29307 (May 22, 2006).
\9\ Commerce has determined that Jiangsu Nova Intelligent
Logistics Equipment Co., Ltd. is not subject to this proceeding. See
Commerce's Letter, ``Steel Racks from the People's Republic of
China: Rejection of Jiangsu Nova's Separate Rate Application,''
dated September 30, 2022.
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However, Commerce has preliminarily determined that each of the
companies whose name is listed in Appendix II to this notice has not
demonstrated its eligibility for a separate rate because it did not
file a separate rate application or separate rate certification with
Commerce. Therefore, we have preliminarily treated the companies listed
in Appendix II as part of the China-wide entity.
Because no party requested a review of the China-wide entity, the
China-wide entity is not under review. Accordingly, the weighted-
average dumping margin determined for the China-wide entity (i.e.,
144.50 percent) is not subject to change in this review. For additional
information, see the Preliminary Decision Memorandum.
Dumping Margin for the Non-Individually Examined Company Granted a
Separate Rate
The statute and Commerce's regulations do not address what
weighted-average dumping margin to apply to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act for guidance
regarding establishing a weighted-average dumping margin for
respondents which were not individually examined in an administrative
review.
Section 735(c)(5)(A) of the Act provides that Commerce will base
the all-others rate in an investigation on the weighted average of the
estimated weighted-average dumping margins calculated for the
individually examined respondents, excluding rates that are zero, de
minimis, or based entirely on facts available. Where the weighted-
average dumping margin for each of the individually examined companies
is zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the estimated all-others rate.
Because the preliminary weighted-average dumping margins calculated
for the individually examined companies (Dongsheng and Ironstone) in
this administrative review is not zero, de minimis, or based entirely
on facts available, we have preliminarily assigned Nanjing Kingmore
Logistics Equipment Manufacturing Co., Ltd. (Kingmore)--which has been
found to be eligible for a separate rate, but was not selected for
individual examination--a dumping margin equal to the estimated
weighted-average dumping margins (based on the publicly ranged total
sales quantities) calculated for Dongsheng and Ironstone, consistent
with the guidance in section 735(c)(5)(B) of the Act.\10\ For
additional information, see the Preliminary Decision Memorandum.
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\10\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Certain Steel Racks and Parts Thereof from the
People's Republic of China: Calculation of the Weighted-Average
Dumping Margin for Respondents Not Selected for Individual
Examination,'' dated concurrently with this notice.
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Preliminary Results of Review
We are assigning the following weighted-average dumping margins to
the companies listed below for the period September 1, 2020, through
August 31, 2021:
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Weighted-
average
Exporter dumping
margin
(percent)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd.............. 39.16
Nanjing Ironstone Storage Equipment Co., Ltd................ 27.95
Review-Specific Rate Applicable to the Following Non-
Examined Company:
Nanjing Kingmore Logistics Equipment Manufacturing Co., 35.30
Ltd....................................................
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review under
Administrative Protective Order within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
[[Page 60649]]
Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of these preliminary results of
review in the Federal Register.\11\ Rebuttal briefs may be filed with
Commerce no later than seven days after case briefs are due and may
respond only to arguments raised in the case briefs.\12\ A table of
contents, list of authorities used, and an executive summary of issues
should accompany any briefs submitted to Commerce. The summary should
be limited to five pages total, including footnotes.\13\
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\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests for a hearing should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals associated
with the requesting party that will attend the hearing and whether any
of those individuals is a foreign national; and (3) a list of the
issues the party intends to discuss at the hearing. Oral arguments at
the hearing will be limited to issues raised in the case and rebuttal
briefs. If a request for a hearing is made, Commerce will announce the
date and time of the hearing. Parties should confirm the date and time
of the hearing two days before the scheduled hearing date.
All submissions to Commerce, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5:00 p.m. Eastern Time on the due date.\14\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\15\
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\14\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review.\16\ Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of the final results of this review in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\16\ See 19 CFR 351.212(b)(1).
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For the individually examined respondents whose rate is not zero or
de minimis, we will calculate importer or customer-specific assessment
rates in accordance with 19 CFR 351.212(b)(1).\17\ Where the respondent
reported reliable entered values, we intend to calculate importer or
customer-specific ad valorem assessment rates by dividing the total
amount of dumping calculated for all reviewed U.S. sales to the
importer or customer by the total entered value of the merchandise sold
to the importer/customer.\18\ Where the respondent did not report
entered values, we will calculate importer or customer-specific
assessment rates by dividing the total amount of dumping calculated for
all reviewed U.S. sales to the importer or customer by the total
quantity of those sales. We also will calculate an estimated ad valorem
importer or customer-specific assessment rate to determine whether the
per-unit assessment rate is de minimis; however, we will use the per-
unit assessment rate where entered values were not reported.\19\
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\17\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\18\ See 19 CFR 351.212(b)(1).
\19\ Id.
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Where an importer or customer-specific ad valorem assessment rate
is not zero or de minimis, we will instruct CBP to collect the
appropriate duties at the time of liquidation. Where either the
respondent's ad valorem weighted-average dumping margin is zero or de
minimis, or an importer or customer-specific ad valorem assessment rate
is zero or de minimis,\20\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\20\ See 19 CFR 351.106(c)(2).
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For the companies not individually examined in this administrative
review that qualified for a separate rate and whose weighted-average
dumping margin is not zero or de minimis, the assessment rate for
antidumping duties will be equal to the weighted-average dumping margin
determined for the non-individually examined company in the final
results of this review.\21\ If the weighted-average dumping margin
determined for a non-individually examined company is zero or de
minimis, then we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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\21\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying Preliminary Decision
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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For companies not eligible for a separate rate, which are therefore
considered to be part of the China-wide entity, the assessment rate
will be equal to the weighted-average dumping margin for the China-wide
entity,\22\ i.e., 144.50 percent.
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\22\ See Order.
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Pursuant to a refinement to Commerce's assessment practice,\23\
where sales of subject merchandise exported by an individually examined
respondent were not reported in the U.S. sales data submitted by the
respondent, but the merchandise was entered into the United States
during the POR, we will instruct CBP to liquidate any entries of such
merchandise at the assessment rate for antidumping duties for the
China-wide entity. Additionally, where Commerce determines that an
exporter under review had no shipments of subject merchandise during
the POR, any suspended entries of subject merchandise that entered
under that exporter's CBP case number during the POR will be liquidated
at the assessment rate for antidumping duties for the China-wide
entity.
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\23\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the
[[Page 60650]]
assessment of antidumping duties on entries of merchandise covered by
the review and for future cash deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for
an exporter granted a separate rate in the final results of this
review, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of this review for the
company (except, if the rate is de minimis, then a cash deposit rate of
zero will be required); (2) for a previously investigated or reviewed
exporter of subject merchandise not listed in the final results of
review that has a separate rate, the cash deposit rate will continue to
be the exporter's existing cash deposit rate; (3) for all China
exporters of subject merchandise that do not have a separate rate, the
cash deposit rate will be equal to the weighted-average dumping margin
assigned to the China-wide entity, which is 144.50 percent; and (4) for
a non-China exporter of subject merchandise that does not have a
separate rate, the cash deposit rate will be equal to the weighted-
average dumping margin applicable to the China exporter(s) that
supplied that non-China exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during the POR. Failure to
comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: September 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Determination of No Shipments
VI. Selection of Respondents
VII. Discussion of Methodology
VIII. Currency Conversion
IX. Recommendation
Appendix II
Companies Preliminary Determined To Not Be Eligible for a Separate Rate
1. Ateel Display Industries (Xiamen) Co., Ltd.
2. CTC Universal (Zhangzhou) Industrial Co., Ltd.
3. David Metal Craft Manufactory Ltd.
4. Fujian Ever Glory Fixtures Co., Ltd.
5. Guangdong Wireking Housewares and Hardware Co., Ltd.
6. Hebei Wuxin Garden Products Co., Ltd.
7. Huanghua Xinxing Furniture Co., Ltd.
8. i-Lift Equipment Ltd.
9. Johnson (Suzhou) Metal Products Co., Ltd.
10. Master Trust (Xiamen) Import and Export Co., Ltd.
11. Ningbo Xinguang Rack Co., Ltd.
12. Redman Corporation
13. Redman Import & Export Limited
14. Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co.
Ltd.
15. Tianjin Master Logistics Equipment Co., Ltd.
16. Xiamen Baihuide Manufacturing Co., Ltd.
17. Xiamen Ever Glory Fixtures Co., Ltd.
18. Xiamen Golden Trust Industry & Trade Co., Ltd.
19. Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen Kingfull
Displays Co., Ltd.
20. Xiamen LianHong Industry and Trade Co., Ltd.
21. Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd.
22. Xiamen Meitoushan Metal Products Co., Ltd.
23. Xiamen Power Metal Display Co., Ltd.
24. Xiamen XinHuiYuan Industrial & Trade Co., Ltd.
25. Xiamen Yiree Display Fixtures Co., Ltd.
26. Zhangjiagang Better Display Co., Ltd.
[FR Doc. 2022-21796 Filed 10-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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